I had a friend who declared bankruptcy in 2004, and unfortunately will need to do so again. How long does he have to wait in order to do so?
Estate Planning Attorney
It depends on what chapter your friend filed under before (7 or 13), and what chapter your friend intends to file under this time around. The maximum waiting period is 8 years between filings, so if the old was any time in 2004 then your friend should be fine to file again sometime in 2012, once the 8 year mark is hit.
The foregoing is commentary regarding a general legal question. It is not intended to be legal advice specific to the reader's individual situation nor does it create an attorney-client relationship between the author and any reader. You are encouraged to contact a qualified attorney to discuss your legal situation.
If this was a Chapter 7, your friend can file 8 years after the filing date of the prior bankruptcy. If the bankruptcy was in fact filed in 2004, then a new one can be filed some time this year. If a Chapter 13, can file right away.
Please be advised that the advice to you herein does NOT establish an attorney client relationship and that our firm does NOT represent you in any 7 Bankruptcy matter.
He has to wait 8 years from the date the prior chapter 7 was filed to file a chapter 7. If he wishes to file a chapter 13 the waiting period to file a 13 where he would receive a discharge is 4 years.
The answer above is for general information purposes only. You should talk to an attorney to determine your specific legal rights.